Overview

This book provides a detailed study of the role of the judiciary in environmental law. It examines theoretical issues concerning the role of judges, taking account of different legal cultures and contexts, exploring the multifaceted pressures which rest on the shoulders of courts when navigating the tensions between maintaining neutrality, resolving disputes, and providing guidance and assistance for future courts, policy-makers and decision-makers. In addition, it explores the particular challenges which arise in an environmental context, before articulating the range of environmental dispute ‘models’ which can and do exist in the context of the environmental law of England and Wales. The second part of the book looks at the consequences of these findings, and explores the relationship between adjudication and coherence before concluding with an exploration of what constitutes ‘good’ environmental adjudication.

Full Product Details

Author:   Emma Lees (University of Cambridge, UK) ,  Ole W Pedersen (University of Newcastle, UK)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
ISBN:  

9781509944590

ISBN 10:   1509944591
Pages:   264
Publication Date:   24 March 2022
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

1. Introduction 2. Defining Adjudication: Nature and Challenges I. Introduction II. Theorising about Adjudication A. Defining Adjudication B. Winners, Losers and Polycentricity C. Argumentation, Reason and Proof D. Generalisable Rules E. Institutionalised Decision-Making and Independence III. Defining the Environment IV. Challenging Adjudication A. Politics, Policies and Values B. Science and Proof C. Shifting Regulatory Standards, a Lack of Resources and Inexperience D. Winners and Losers in the Adversarial Process V. Conclusions 3. Multidimensional Environmental Adjudication I. Introduction II. Theory-Building III. Th e Multidimensional Practice of Environmental Law A. Playing with Blocks B. Elements C. Techniques D. Avenues E. Case Study – Dover v CPRE Kent F. Conclusions IV. Linearity and Inevitability V. Level of Law-Making Power VI. Conclusions 4. Avenues of Environmental Law Adjudication I. Introduction II. Functions and Institutions III. Statutory Appeals IV. Judicial Review V. Criminal Law and Sanctions A. Judicial Criminal Adjudication B. Administrative Criminal Adjudication VI. Private Law VII. Conclusions 5. Avenues of Adjudication as Power-Broker I. Introduction II. Adjudication and Power A. Fact-Finding B. Interpretation and Creation of Norms C. Access to Adjudicatory Fora III. Power to Resolve Disputes A. Constitutional Principles and Jurisdiction B. Power Vis-à-Vis the Parties C. Power Vis-à-Vis Other Adjudicators D. Conclusions IV. Powers of Evidence and Fact-Finding V. Power to Interpret Existing Rules and Create New Rules VI. Power to Confer and Deny Access VII. Conclusions 6. Avenues as Frames of Reasoning I. Introduction II. Forms of Reasoning A. Reasons B. Processes III. Public and Private Interest A. Private Interests B. Public Interest IV. Th e Environment V. Level of Scrutiny VI. Handling and Analysis of Scientific Information A. Engagement with Methodology B. Deference to Natural England and the Environment Agency C. Reviewing Use of Expert Opinion VII. Objectivity, Impartiality and Neutrality VIII. Conclusions 7. Avenues as Remedy Determining I. Introduction II. Forms of Remedy A. Statutory Appeals B. Judicial Review C. Private Law D. Criminal Law III. Environmental Considerations and Remedies A. Sentencing B. Costs C. Absence of Remedy IV. Conclusions 8. Th e Bricolage of Environmental Adjudication I. Introduction II. Bricolage and Incoherence III. Understanding Good Adjudication IV. Conclusions

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Author Information

Emma Lees is Reader in Environmental and Property Law at University of Cambridge. Ole W Pedersen is Professor of Environmental and Energy Law at Newcastle University.

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